M/S.Cholamandalam Investment And Finance Co.Ltd v. Mr.Sirajudheen

PUSHPA SATHYANARAYANA, J.

This application has been filed by the applicant under Section 9 of the Arbitration and Conciliation Act, 1996, to appoint Mr.Sreejith NP Junior Legal Manager, Manjeri as a receiver to seize and take possession of the vehicle, which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or his men, agents, servants from his premises or wherever found with police aid and break open of premises if necessary.

2. The respondent availed of a vehicle loan from the Applicantcompany and executed a loan agreement No.XVFPNIL00002241902 dated 15.01.2018, for a sum of Rs.6,14,000/- to be paid in 48 installments and the first installment commenced from 15.02.2018 and the re-payments were to run till 15.01.2022. It is stated that as on 16.09.2019, a sum of Rs.5,38,283.22/- is outstanding. In terms of the loan agreement executed by the respondent, the applicant/Finance company is entitled to re-possess the vehicle in the event of default committed by the respondent. It is also submitted that the continued use of the vehicle by the respondent would depreciate its value. 1/4

3. Private Notice sent to the respondent has been served and affidavit of service is also filed to that effect enclosing acknowledgement card. Though the name of the respondent is also printed in the cause list, there is no representation for him either in person or through counsel.

4. Upon considering the facts and circumstances of the case, this Court is satisfied that the applicant has made out a prima facie case in its favour and accordingly, Mr.Sreejith NP Junior Legal Manager, Manjeri of the applicant company is appointed as Receiver to take custody of the vehicle. The receiver will be entitled to take possession of the vehicle from the respondent or its agent or any one in possession thereof. If necessary, the Receiver shall get police assistance and the Station House Officer of the concerned Police Station, within whose jurisdiction the vehicle is found, will render requisite assistance for this purpose.

5. The agreement entered into between the applicant and the respondent provides for arbitration in the event of disputes and differences between the parties. It is submitted by the learned counsel for the applicant that a reference letter has been sent to the respondent invoking the arbitration clause. The Receiver shall preserve the vehicle without alienating or encumbering thereof till the arbitration proceedings 2/4

are concluded. However, in case the respondent make payment of the outstanding installments, the Receiver shall release the vehicle to the respondent. The receiver shall seize the vehicle within a period of eight weeks from the date of receipt of a copy of this order.

6. Accordingly, this Application is closed.

07.11.2019 arr The counsel for the applicant is permitted to receive the certified copy of the order of the Receiver and communicate the same to the Receiver. 3/4

PUSHPA SATHYANARAYANA, J.

arr 07.11.2019 4/4